Workplace Sexual Harassment in Korea
Legal Framework and Employer Obligations
Employer Statutory Duties When Workplace Sexual Harassment Is Reported
Complaints and reports of workplace sexual harassment are not uncommon in Korean companies. The Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”) imposes several legal obligations on employers, including taking prescribed measures when workplace sexual harassment occurs and providing regular training on the subject. Non-compliance may result in administrative fines.
• Duty to Investigate
Workplace sexual harassment may be reported not only by the victim but also by any employee who witnesses the incident or becomes aware of it. Once the company receives a report, it must promptly conduct an investigation. During the investigation, the company is required to take appropriate measures — where protection is deemed necessary for the complainant — such as adjusting the working location or granting paid leave.
Because disciplinary action and potential legal disputes may follow, the investigation must be conducted thoroughly. Its purpose is to establish the relevant facts and determine, based on those facts, whether the conduct meets the statutory definition of workplace sexual harassment. In some cases, the findings may not legally constitute workplace sexual harassment, however, in such situations, the basis for that conclusion must be clearly documented. In practice, many companies engage external professionals to ensure both expertise and independence in the investigation process.
• Duty to Take Disciplinary or Other Necessary Measures
If the investigation confirms that workplace sexual harassment has occurred, the company must promptly take necessary measures against the perpetrator, such as disciplinary action or a change of work location. Before taking such measures, the company must hear the harassed employee’s opinion. While the company is not required to accept all of the employee’s views, the measures should be implemented in a manner that the employee can reasonably accept.
• Duty to Take Protective Measures for the Harassed Employee
If the investigation confirms that workplace sexual harassment has occurred, the employer must, upon the harassed employee’s request, take appropriate measures such as changing the work location, redeploying the employee, or granting paid leave. The appropriate level of measures is determined by considering the employee’s request and the circumstances of the workplace.
• Duty of Confidentiality
The company must ensure that any confidential information obtained during the investigation is not disclosed to others. Individuals who conduct the investigation, receive the investigation report or otherwise participate in the process are subject to an obligation not to disclose such information to others against the wishes of the harassed employee.
• Anti-Retaliation Duty
The company is prohibited from taking any adverse or retaliatory action against the victim, the individual who raises the allegation, or the reporting party. A violation of this obligation may result in criminal penalties.
Duty to Provide Workplace Sexual Harassment Prevention Training
The employer must provide workplace sexual harassment prevention training to all employees at least once a year. The training may be conducted by an internal staff member or an external instructor. As the Ministry of Employment and Labor may occasionally conduct labor inspections, records of the training should be maintained.
Assessing Whether Conduct Legally Constitutes Workplace Sexual Harassment
Under the Equal Employment Act, workplace sexual harassment is defined as conduct in which an employer, superior, or employee, by utilizing their position in the workplace or in connection with work, causes another employee to feel sexual humiliation or repulsion by sexual remarks or behavior, or causes disadvantages in working conditions and employment on account of the employee’s rejection of such sexual remarks or behavior or any other related demands.
The Supreme Court of Korea has held that, when assessing whether the conduct legally constitutes workplace sexual harassment, decision-makers must maintain gender sensitivity and fully consider the particular circumstances of the victim, including the difficulty of refusing such conduct when there are unequal power dynamics in the workplace.
In practice, however, it is often not easy to determine whether the reported conduct constitutes sexual remarks or behavior, or to what extent the complainant’s subjective feelings should be accepted. There has been an increase in cases where employers, after accepting the complainant’s allegations without sufficient scrutiny, impose disciplinary measures that later become the subject of legal disputes. Accordingly, employers should carefully assess whether workplace sexual harassment has been legally established based on a thorough investigation and the relevant legal standards.
Employer Takeaways
Korea enforces workplace sexual harassment obligations strictly, which means employers must be meticulous at every stage – from receiving a report to completing the investigation and implementing follow-up measures – to maintain trust and avoid legal risk.
If you require assistance with workplace sexual harassment compliance or wish to outsource the investigation process, please contact us.
Legal Framework and Employer Obligations
Complaints and reports of workplace sexual harassment are not uncommon in Korean companies. The Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”) imposes several legal obligations on employers, including taking prescribed measures when workplace sexual harassment occurs and providing regular training on the subject. Non-compliance may result in administrative fines.
Workplace sexual harassment may be reported not only by the victim but also by any employee who witnesses the incident or becomes aware of it. Once the company receives a report, it must promptly conduct an investigation. During the investigation, the company is required to take appropriate measures — where protection is deemed necessary for the complainant — such as adjusting the working location or granting paid leave.
Because disciplinary action and potential legal disputes may follow, the investigation must be conducted thoroughly. Its purpose is to establish the relevant facts and determine, based on those facts, whether the conduct meets the statutory definition of workplace sexual harassment. In some cases, the findings may not legally constitute workplace sexual harassment, however, in such situations, the basis for that conclusion must be clearly documented. In practice, many companies engage external professionals to ensure both expertise and independence in the investigation process.
If the investigation confirms that workplace sexual harassment has occurred, the company must promptly take necessary measures against the perpetrator, such as disciplinary action or a change of work location. Before taking such measures, the company must hear the harassed employee’s opinion. While the company is not required to accept all of the employee’s views, the measures should be implemented in a manner that the employee can reasonably accept.
If the investigation confirms that workplace sexual harassment has occurred, the employer must, upon the harassed employee’s request, take appropriate measures such as changing the work location, redeploying the employee, or granting paid leave. The appropriate level of measures is determined by considering the employee’s request and the circumstances of the workplace.
The company must ensure that any confidential information obtained during the investigation is not disclosed to others. Individuals who conduct the investigation, receive the investigation report or otherwise participate in the process are subject to an obligation not to disclose such information to others against the wishes of the harassed employee.
The company is prohibited from taking any adverse or retaliatory action against the victim, the individual who raises the allegation, or the reporting party. A violation of this obligation may result in criminal penalties.
The employer must provide workplace sexual harassment prevention training to all employees at least once a year. The training may be conducted by an internal staff member or an external instructor. As the Ministry of Employment and Labor may occasionally conduct labor inspections, records of the training should be maintained.
Under the Equal Employment Act, workplace sexual harassment is defined as conduct in which an employer, superior, or employee, by utilizing their position in the workplace or in connection with work, causes another employee to feel sexual humiliation or repulsion by sexual remarks or behavior, or causes disadvantages in working conditions and employment on account of the employee’s rejection of such sexual remarks or behavior or any other related demands.
The Supreme Court of Korea has held that, when assessing whether the conduct legally constitutes workplace sexual harassment, decision-makers must maintain gender sensitivity and fully consider the particular circumstances of the victim, including the difficulty of refusing such conduct when there are unequal power dynamics in the workplace.
In practice, however, it is often not easy to determine whether the reported conduct constitutes sexual remarks or behavior, or to what extent the complainant’s subjective feelings should be accepted. There has been an increase in cases where employers, after accepting the complainant’s allegations without sufficient scrutiny, impose disciplinary measures that later become the subject of legal disputes. Accordingly, employers should carefully assess whether workplace sexual harassment has been legally established based on a thorough investigation and the relevant legal standards.
Korea enforces workplace sexual harassment obligations strictly, which means employers must be meticulous at every stage – from receiving a report to completing the investigation and implementing follow-up measures – to maintain trust and avoid legal risk.
If you require assistance with workplace sexual harassment compliance or wish to outsource the investigation process, please contact us.
